A NOORHAJAN BEEVI Vs. M CHAN BASHA

JUDGEMENT

(1.) The appellants who are the Petitioners, filed this appeal against the judgment and decree dated 21.06.2010 made in MC.O.P.No.4790 of 2008 on the file of the Motor Accident Claims Tribunal, Court of Small Causes, Chennai.

(2.) For the sake of convenience, the parties are referred to hereunder according to their litigative status before the Tribunal. The case of the Petitioners is that on 05.10.2008 at about 00.45 hours, the deceased A.Sabiha was travelling as a pillion rider in the two wheeler bearing Reg.No.TN-07-AJ-6195 driven by her husband; while going near Balasubramaniam Petrol Bunk, Vandalur, the rider of the two wheeler lost control and the vehicle capsized, resulting in both the persons fell down and the above said A.Sabiha died in the accident. It is stated that due to rash and negligent driving of the rider of the two wheeler, the accident happened. The deceased was aged 29 years and by doing Tailoring Work at home, was earning Rs.5000/- to Rs.6000/- per month. The Petitioners, who are the children, parents and mother-in-law of the deceased Sabiha were stated to be dependent on her income. Hence, sought for a sum of Rs.16,00,000/- as compensation from the respondents, who are the owner and insurer of the vehicle.

(3.) On the other hand, the 2nd respondent-Insurance company, filed counter and contends that the petitioners are the legal heirs of the owner of the two wheeler bearing Reg.No.TN-07-AJ-6195 and he himself being the tortfeasor, the Petitioners are not entitled to seek compensation from the respondents. The claim of the Petitioners is exorbitant. Thus the 2nd respondent sought for dismissal of the Petition.